Texas Fence Law: Who Covers the Cost Between Neighbors

What Are Your Fence Rights in Texas?

Here’s the deal. If the fence sits on your property line, you both own it. That’s Texas law.

You can fix it. Paint it. Replace broken boards. But here’s the catch—you should tell your neighbor first. Why? Because they’re paying for half of it too.

Think of it like a shared driveway. You can’t just tear it up without a heads-up.

Your rights include:

• Repair what’s broken – That loose post? Fix it. Just let them know.
• Make it look better – Want to stain it? Go ahead. Coordinate the color though.
• Know where your property ends – This matters more than you think.
• Share the costs – Yeah, most of the time you’re splitting the bill 50/50.

Who Actually Pays for the Fence?

Short answer? You both do.

If it’s on the property line, it’s a shared fence. Texas says you split the cost. Not 60/40. Not 70/30. Fifty-fifty.

But here’s where it gets tricky.

When One Neighbor Says No

Your neighbor doesn’t want to pay. They like their chain-link just fine. You want privacy. What happens?

You’ve got options. Build it entirely on your property—that’s all yours, all your cost. Or you can take them to court. That’s expensive though. Most people just talk it out.

What Affects Who Pays

A few things change the math:

• Purpose matters – Privacy fence? Pool safety? Keeping dogs in? Everyone benefits differently.
• Location is everything – On the line = shared cost. On your side = your cost.
• Prior agreements count – If the last owners had a deal, check if it still applies.
• HOA rules can override everything – Some require specific fences. Some ban them entirely.

When it needs fixing? Same deal. Storm knocks down three panels? You’re splitting that repair bill.

The Texas Boundary Fence Act Explained

There’s an actual law about this. The Texas Boundary Fence Act.

It’s pretty straightforward. A fence counts as a boundary fence if it’s on or crosses the property line between two neighbors. When that happens, you’re both responsible for it.

The law exists for one reason—to stop neighbors from fighting. It sets clear rules about who maintains what.

Both of you have to follow it. No exceptions.

Put It In Writing (Seriously)

A handshake isn’t enough. Memory fades. People move. Write it down.

A fence agreement doesn’t need to be fancy. It just needs to be clear.

How to Actually Talk About It

Before you write anything, have the conversation. Here’s what works:

• Listen first – Let them say what they want. Really hear it.
• Be direct – “I’m thinking 6-foot cedar. What do you think?”
• Stay respectful – You’re living next to this person for years.
• Keep your cool – Even if they suggest something ugly.

What Goes in the Agreement

Your written agreement should cover:

• Cost split – “We’re going 50/50 on the $4,200 total”
• Who does what – “I’ll handle scheduling. You’ll be home for the install.”
• Timeline – “Fence company starts March 15th, done by March 22nd”
• Materials and style – “6-foot cedar privacy fence, ranch-style”
• Both signatures – Both of you sign and date it

Keep a copy. They keep a copy. Email it to yourself. When things get weird three years from now, you’ll be glad you did.

When Neighbors Fight About Fences

It happens. Here are the usual culprits.

Nobody Knows Where the Property Line Is

This is the big one. Your neighbor thinks the fence goes here. You think it goes there. You’re both guessing.

Three months into construction, someone orders a survey. Turns out you’re both wrong. Now what?

You Want Cedar, They Want Chain-Link

You want something nice. They want something cheap. You’re both paying, so who decides?

This is where things get tense. You want curb appeal. They don’t want to spend $8,000 on a fence.

The Money Fight

They think $3,000 is fair. You got quoted $6,000. Or the fence needs $1,200 in repairs, and they’re ghosting your texts.

Money makes it weird.

How to Fix It

When things go sideways:

• Talk face-to-face, not through texts – Tone gets lost in messages
• Keep records of everything – Quotes, receipts, conversations, all of it
• Try mediation before lawyers – It’s cheaper and faster
• Get a real estate attorney if you’re stuck – They’ve seen this a hundred times
• Document every conversation – Email summaries after you talk

Deal with it early. Small problems become big lawsuits when you wait.

Get a Survey and Check Your Local Rules

Don’t guess where your property line is. Just don’t.

That old fence? It’s probably not on the actual line. The previous owner eyeballed it. Now you’re about to spend $6,000 based on a guess.

How to Find Your Actual Property Line

You’ve got a few options:

• Hire a surveyor – Costs $400-$800. They’ll mark the exact boundaries.
• Check county records – Free, but you’re reading legal descriptions and plat maps
• Look at old surveys – If you bought the house recently, you might already have one
• Use property pins – Sometimes they’re still in the ground from the original survey

A survey costs money. Building on the wrong property costs way more.

Local Rules You Can’t Ignore

Before you build anything:

• Check zoning laws – Height limits, setback requirements, material restrictions
• Read your HOA rules – Some HOAs have very specific requirements (or ban fences entirely)
• Get permits – Many cities require them. Build without one and you might tear it down
• Know setback rules – Some places require fences 2-3 feet inside your property line

Call your city’s permitting office. They’ll tell you exactly what you need. Takes ten minutes.

Bottom Line

Here’s what you need to remember.

In Texas, boundary fences are shared. You split the cost. You split the maintenance. That’s the law.

But laws don’t build good relationships with neighbors. Talking does.

Quick recap:

• Boundary fences = 50/50 cost split
• Get everything in writing before you start
• The Texas Boundary Fence Act covers most situations
• Pay for a survey—guessing is expensive
• Check local rules before you dig
• Talk to your neighbor like a human being

Start with a conversation. Be honest about what you want and what you can spend. Get a survey if there’s any doubt about the property line. Check with your city about permits and rules.

Then write it all down.

Most fence problems aren’t about fences. They’re about expectations that didn’t get communicated. Fix that part first, and the rest is just hiring a contractor.